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(영문) 의정부지방법원 고양지원 2016.01.29 2015고단3180
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On February 1, 2007, the Defendant was sentenced to six months of imprisonment or three years of suspension of execution due to a violation of road traffic law (drinking) in the Goyang Branch of the Jung-gu District Court, and on March 15, 2013, the Jeju District Court issued a summary order of KRW 3 million due to a violation of road traffic law (drinking).

On October 17, 2015, the Defendant: (a) started from the place where a valley village (hereinafter referred to as the “Geongdong-gu, Seo-gu, Seoyang-gu”); (b) around 23:12 on the same day, at around 23:12, the Defendant driven a B-hand car with approximately 6km alcohol concentration at approximately 0.249% under the influence of alcohol level from the area where the Defendant was under the influence of alcohol level at around 0.249% in the middle of the body of the water located in Gyeyang-gu, Seoyang-gu.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on the situation of the driving of the main driver, the request for collection of blood and the results thereof, and a report on detection of the main driver;

1. Application of replys to inquiries, such as criminal history, investigation reports (Attachment to previous decisions) and statutes;

1. Relevant legal provisions and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the selection of punishment for a crime, and the selection of imprisonment;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. In full view of the reasons for sentencing under Article 62-2 of the Criminal Act, the Defendant’s reflectivity, alcohol level, the record of punishment for drinking alcohol (five times) since around 2000, the time gap between the immediately preceding detection day, and the fact that there was no accident, including the circumstances and details of the crime, the Defendant’s age, sex, sex, environment, occupation, occupation, family relationship, etc., the sentence is determined as ordered by the Disposition.

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